Anup Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41831 of 2022 Arising Out of PS. Case No.-394 Year-2020 Thana- MASHRAK District- Saran ====================================================== 1.

Anup Kumar Singh Son of Late Jaiprakash Singh Resident of vill. - Pachkhanda Rajapur, P.S.- Masrakh, District - Saran 2.

Rajiv Kumar Singh @ Rajiv Kr @ Nanhe Son of Late Jaiprakash Singh Resident of vill. - Pachkhanda Rajapur, P.S.- Masrakh, District - Saran 3.

Ravi Singh @ Ravindra Kumar Singh Son of Joginder Singh Resident of Village - Nipania Salempur, P.S.- Isuapur, District - Saran 4.

Chunnu Singh @ Chunnu Kumar Singh Son of Joginder Singh Resident of Village - Nipania Salempur, P.S.- Isuapur, District - Saran 5.

Sanjay Singh @ Sanjay Kumar Tiwari Son of Nageshwar Tiwari Resident of Village - Gosi Amnour, P.S.- Amnour, District - Saran 6.

Manager Singh @ Manager Pandey Son of Shivnath Pandey Resident of Village - Salakhuwan, P.S.- Amnour, Dist. - Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2022 At the outset, learned counsel for the petitioners seek permission to withdraw anticipatory bail petition with respect to petitioner No. 2 Permission is granted.

The anticipatory bail petition of petitioner No. 3, Ravi Singh, is dismissed as withdrawn.

Heard learned counsel for the petitioner Nos. 1, 2, 4, 5 and 6 and the State.

Patna High Court CR. MISC. No.41831 of 2022(2) dt.29-11-2022 2/3 Petitioners apprehend arrest in a case registered for the offence punishable under Sections 307, 379, 506/34 and other allied sections of Indian Penal Code and Sections 3⁄4 of Witch Act.

As per prosecution case, informant alleges that while she was sitting at her door all the co-accused persons named in the FIR including these petitioners armed with lathi, danda attacked the informant and her two sons. As a result, informant and her two sons sustained injuries.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. Injuries allegedly caused by these petitioners are simple in nature. There is case and counter case. There is delay of more than 12 days in lodging the FIR and there is no explanation for the same. Petitioners have got clean antecedent. Considering the aforesaid facts and circumstances, let the above named petitioners in the event of their arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in Masrakh P. S.

Patna High Court CR. MISC. No.41831 of 2022(2) dt.29-11-2022 3/3 Case No. 394 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) navya/- U T